Terms of service

1. Interpretation

1.1 Overview 

This website is operated by International College for Exercise Professionals (ICEPs). Throughout the site, the terms “we”, “us” and “our” refer to International College for Exercise Professionals (ICEPs). International College for Exercise Professionals (ICEPs) offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

1.2 Definitions

The following definitions and rules of interpretation apply in these Conditions:

• Business Day: A day other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business;

• Charges: The charges payable by the Client for the supply of the Services in accordance with clause 7.

• Client: The person or firm who purchases Services from International College for Exercise Professionals Ltd.

• Client Default: Has the meaning set out in clause 5.2.

• Commencement Date: Has the meaning given in clause 2.2.

• Conditions: These terms and conditions as amended from time to time in accordance with clause 11.

• Contract: The contract between International College for Exercise Professionals Ltd and the Client for the supply of Services in accordance with these Conditions.

• Data Protection Legislation: All applicable data protection and privacy legislation in force from time to time in the UK, including:

• General Data Protection Regulation ((EU) 2016/679);

• Data Protection Act 2018;

• Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC);

• Privacy and Electronic Communications Regulations 2003 (SI 2003/2426);

• Other related legislation and regulatory requirements.

• Deliverables: Any deliverables as set out in the Order, including course materials provided by International College for Exercise Professionals Ltd to the Client.

• Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights,trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;

• ICEPs: International College for Exercise Professionals Ltd., a company registered in England and Wales (Company No. 13154856).

• Open Session: Training sessions open to attendees from multiple organisations or individual Clients.

• Order: The Client’s order for Services as submitted online through ICEPs website or other electronic means, including acceptance of an ICEPs Quotation or purchase order.

• Services: The provision of health and fitness training services, including Deliverables as set out in the Specification.

• Specification: The description or specification of the Services provided by ICEPs in its Quotation or as detailed in the description of an online course or workshop purchased by the Client.

• Trainer: A suitably qualified individual provided by ICEPs to deliver the training under the Services.

1.3 Statutory References

A reference to a statute or statutory provision is a reference to it as amended or re-enacted and a reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

1.4 Illustrative Language

Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.5 Writing

A reference to "writing" or "written" includes email correspondence.

2. BASIS OF CONTRACT

2.1 Client Offer

The Order constitutes an offer by the Client to purchase Services in accordance with these Conditions.

2.2 Contract Formation

The Order shall be deemed accepted once ICEPs provides written acknowledgment of the purchase via email or similar communication, creating the Contract (Commencement Date).

2.3 Conditions

These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.4 Marketing Materials

Any samples, drawings, descriptive matter or advertising issued by ICEPs, and any descriptions or illustrations contained in ICEPs’ brochures, website or any other marketing materials, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.

3. SUPPLY OF SERVICES

3.1 Performance Standards

ICEPs shall use its reasonable endeavours to supply the Services to the Client in accordance with the Specification in all material respects.

3.2 Performance Dates

Performance dates are estimates and not binding deadlines.

3.3 Amendments to Specification

ICEPs reserves the right to amend the Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and ICEPs shall notify the Client in any such event.

3.4 Warranty

ICEPs warrant that the Services will be provided with reasonable care and skill.

4. POSTPONEMENT OF TRAINING SERVICES

4.1 Circumstances for Postponement

A training session may be postponed due to:

unforeseen circumstances affecting a Trainer’s ability to attend the Relevant Training Session; or

where the Relevant Training Session is an Open Session, an insufficient number of attendees (in ICEPs opinion) are confirmed to attend.

4.2 Client Notification

In the unlikely event that a training session has to be postponed for the reasons as set out in clause 4.1:

• ICEPs shall use its reasonable endeavours to notify the Client as soon as reasonably practicable that the Relevant Training Session is to be postponed;

• the Client acknowledges and agrees that they shall not have the right to terminate the Contract;

• the parties will negotiate in good faith to agree an alternative date for the Relevant Training Session to take place.

4.3 Rescheduling and remedies

In the event of a workshop or in-person course postponement, ICEPs reserves the right to provide the Client with an alternative date to attend a workshop or in-person course. Should rescheduling not be feasible, ICEPs further reserves the right to cancel a workshop, issue a refund to the Client for the workshop, and facilitate the completion of the course through online resources or distance learning.

5. CLIENT OBLIGATIONS

5.1 Responsibilities

The Client must:

• ensure the accuracy of the Order and provided information;

• co-operate with ICEPs in all matters relating to the Services;

• act appropriately and professionally throughout the course;

• adhere to the guidance outlined in the course and act in accordance with their scope of practice during and upon completion of the qualification or training;

• attend the workshop purchased at the location, date, and time specified in the Order and not any other location, workshop, date or time; 

• conduct practice strictly in accordance with the instructions provided by the ICEPs, it’s employees, consultants (including instructors, trainers, lecturers, and coaches), ensuring compliance with the methods and techniques outlined during the course to maintain safety and professional standards; and

• only participate in physical activity, exercise, or any form of practical education if they are free from any injury or illness that could reasonably impact their safety or performance. The Client acknowledges and accepts all associated risks and agrees to release ICEPs from any liability arising from their participation, to the fullest extent permitted by UK law.

5.2 Client Default

If the Client fails to meet obligations, ICEPs may:

• suspend Services;

• recover costs incurred.

• remove the Client from the online learning platform, workshop (or similar) without prior notice or refund, where such removal is deemed necessary to protect the integrity of the Services or the experience of other participants.

6. CHANGES TO ORDERS

Clients may request changes to Orders under the following conditions:

• changes or refunds can only be made where the Client has not yet accessed course materials. This includes any online resources, downloads, or virtual platforms provided as part of the course;

• at ICEPs’ sole discretion, Clients may request to transfer to an alternative workshop for an administrative fee of £95. This request must be submitted in writing and is subject to availability and scheduling constraints;

• workshops cannot be amended within 12 weeks of the scheduled date. Cancellations or requests for amendments within this timeframe will be non-refundable;

• clients acknowledge that any changes to Orders may be subject to additional charges if the new workshop or course involves a higher fee. Clients will be notified of such charges prior to confirmation of the requested changes; or

• ICEPs reserves the right to decline requests for changes that may disrupt the delivery of Services or violate any contractual obligations.

7. CHARGES AND PAYMENT

7.1 Charges

Charges are as set out in the Order.

7.2 Payment Terms

Clients are required to pay for the Services in accordance with the following terms:

• Full payment must be made upfront via ICEPs website at the time of placing the Order. 

• Alternatively, Clients may elect to pay via agreed amounts through Direct Debit on a monthly basis, for a duration not exceeding 12 months. This option is subject to compliance with applicable legal requirements under UK law.

All payments are final, and the Client acknowledges that failure to adhere to these payment terms may result in suspension of access to the Services until full payment is received. ICEPs further reserves the right to withhold any Client certificates of completion until all payments have been made in full.

If a payment is missed, ICEPs reserves the right to immediately suspend the Client’s access to the online learning platform, workshops, or related Services until the overdue amount is paid in full. Continued failure to make payments may result in the termination of the Contract and forfeiture of any fees already paid. ICEPs or the nominated operator will notify the Client of any missed payments and provide a reasonable opportunity to rectify the issue before further actions are taken.

7.3 VAT

All charges are exclusive of VAT.

7.4 Late Payment

Late payments will incur interest at 4% above the Bank of England’s base rate.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Ownership

The Client acknowledges that all Intellectual Property Rights used in the Services remain the exclusive property of ICEPs (or, where applicable, the third party licensor from whom ICEPs derives the right to use them).

8.2 Restrictions

Clients may not copy, distribute, or sublicence Deliverables.

The Client acknowledges and agrees that ICEPs may use their name and image on ICEPs’ website and all other marketing literature for the purposes of providing examples of its Services.

9. DATA PROTECTION 

The parties agree to comply with ICEPs’ Privacy Policy and applicable Data Protection Legislation.

10. LIMITATION OF LIABILITY

ICEPs shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

• loss of profits;

• loss of sales or business;

• loss of agreements or contracts;

• loss of anticipated savings;

• loss of use or corruption of software, data or information;

• loss of damage to goodwill; and/or

• any indirect or consequential loss.

ICEPs’ total liability to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract shall be limited to 100% of the price paid or payable for the Services in respect of the Order from which the loss arose.

11. TERMINATION

10.1 Termination Rights

ICEPs may terminate the Contract immediately if the Client:

• commits a material breach and fails to remedy it;

• becomes insolvent;

• recreates, distributes, shares or amends any intellectual property, course materials, or marketing materials belonging to ICEPs

• financial position deteriorates; 

• exceeds the maximum course completion time without an agreed extension period (outlined in clause 13.1); or

• fails to pay amounts due.

10.2 Consequences of Termination

Upon termination:

• the Client must settle all outstanding payments; and

• rights accrued prior to termination remain enforceable.

11. FORCE MAJEURE

Force Majeure Event means any circumstance not within a ICEPs’ reasonable

control including, without limitation:

• acts of God, flood, drought, earthquake or other natural disaster;

• epidemic or pandemic;

• terrorist attack, civil war, civil commotion or riots, war, threat of or

• preparation for war, armed conflict, imposition of sanctions, embargo, or

• breaking off of diplomatic relations;

• nuclear, chemical or biological contamination or sonic boom;

• any law or any action taken by a government or public authority,

• including without limitation imposing an export or import restriction,

• quota or prohibition, or failing to grant a necessary licence or consent;

• collapse of buildings, fire, explosion or accident;

• any labour or trade dispute, strikes, industrial action or lockouts;

• non-performance by suppliers or subcontractors;

• interruption or failure of utility service;

• severe disruption to transport services; and

• severe inclement weather.

If ICEPs is prevented, hindered or delayed in or from performing any of its obligations under the Contract by a Force Majeure Event, ICEPs shall not be in breach of the Contract or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.

12. CONFIDENTIALITY

The Client undertakes that it shall not at any time disclose to any person any information of a confidential nature concerning the business, affairs, customer, clients or suppliers of ICEPs (Confidential Information).

13. GENERAL

13.1 Clients are required to complete the qualification within a maximum period of 12 months from the Commencement Date. Any requests for extensions beyond this timeframe must be agreed in writing with ICEPs prior to the expiry of the original term. Extensions are granted solely at the discretion of ICEPs and may be subject to additional administrative charges. Failure to complete the course within the specified timeframe without an agreed extension will result in the Client being removed from the eLearning platform. Access may only be reinstated upon agreement of new terms and payment of any applicable fees.

13.2 Clients have the right to cancel their Order within 14 days of the Commencement Date, in accordance with applicable UK consumer legislation, provided that no course materials or learning resources have been accessed. This includes, but is not limited to, logging into the online learning platform, accessing course content, downloading materials, or attending any workshop, session, or training delivered as part of the Services. By accessing any course materials, online platforms, downloads, or attending any part of the course or workshop, the Client acknowledges and agrees that they waive their right to cancel during the cooling-off period, and the Contract shall remain fully enforceable. Changes or refunds may only be considered where the Client has not accessed any course materials or learning resources and remains within the applicable cooling-off period. Where the Client elects to pay for the Services through monthly instalments or Direct Debit, the Client acknowledges that they are entering into an agreement to pay the full course fee in instalments. Cancelling participation in the course, withdrawing from the programme, or choosing not to continue with the course does not cancel or reduce the financial obligation, and all remaining instalments remain payable until the full balance of the course fee has been paid. ICEPs reserves the right to suspend access to the online learning platform, workshops, or other Services where payments are overdue. Suspension of access does not affect the Client’s obligation to complete all remaining payments under the Contract. In the event of termination of the Contract for any reason, all outstanding payments shall immediately become due and payable.

13.3 Failure or delay by any party in exercising any right or remedy under the Contract will not in any circumstances operate as a waiver of it, nor will any single or partial exercise of any right or remedy in any circumstances preclude any other or further exercise of it or the exercise of any other right or remedy.

13.4 If any provision or part-provision of the Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

13.5 The Client may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of ICEPs.

13.6 The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

13.7 Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.

13.8 Nothing in the Contract shall limit or exclude liability for fraud or fraudulent misrepresentation.

13.9 Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

13.10 No one other than a party to the Contract, their successors and permitted assignees, shall have any right to enforce any of its terms.

13.11 No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

13.12 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

13.13 You agree to indemnify, defend and hold harmless International College for Exercise Professionals (ICEPs) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party

13.14 You understand that courses are taught in British, English. 

14. GOVERNING LAW AND JURISDICTION 

The Contract is governed by the law of England and Wales. Any disputes shall be resolved in the courts of England and Wales.